Taxation Laws Amendment Act (No. 3) 1994 (138 of 1994)

Part 4   AMENDMENT OF THE SALES TAX LAW

Division 5   Amendments to extend the post-trial sale and lease provisions

148   Repeal of section and substitution of new section

Section 15B of the Principal Act is repealed and the following section is substituted:

Post-trial sale or post-trial lease

"15B.(1) A sale by a person ('the claimant') is a post-trial sale and a lease by a person (also 'the claimant') is a post-trial lease if:

(a) the sale or lease occurs after one or more exempt trial-leases or exempt trial-loans in relation to the goods; and

(b) in the case of a lease-the lease is for the remainder of the statutory period; and

(c) the purchaser or lessee, at or before the time of the sale or lease, gives evidence to the claimant, in a form approved by the Commissioner, of the purchaser's or lessee's intended use of the goods during the remainder of the statutory period so as to satisfy an exemption Item; and

(d) immediately before the first exempt trial-lease or exempt trial-loan the goods were assessable goods; and

(e) in the period starting at the end of the exempt trial-lease or exempt trial-loan referred to in paragraph (d) and ending at the time of the sale or lease:

(i) the goods were not sold by the claimant; and

(ii) any AOU of the goods was an exempt trial-lease or an exempt trial-loan.

"(2) In this section:

'exempt trial-lease' means a lease of goods where, before the end of the lease, the person to whom the goods are leased gives evidence to the lessor, in a form approved by the Commissioner, that the lessee used, or intended to use, the goods during the lease so as to satisfy an exemption Item;

'exempt trial-loan' means a loan of goods where, before the end of the loan, the person to whom the goods are lent gives evidence to the lender, in a form approved by the Commissioner, that the person used, or intended to use, the goods during the loan so as to satisfy an exemption Item.

"(3) A reference in subsection (1) or (2) to a loan includes a reference to a demonstration, and, in relation to a demonstration, a reference in that subsection to use of goods by a person includes use by another person demonstrating the goods to the person.".